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Criminal Law

: Sentencing Law and Policy

A few not-so-accurate headlines about Congress's work on crack sentences

By Douglas A. Berman

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One can find lots and lots of effective traditional media coverage of yesterday's work by Congress to finally pass a bill to reform crack mandatory minimum sentencing provisions (basics here).  However, in looking over some of the headlines in Google news, I saw a few that were a bit misleading: From the Miami Herald, "House votes to eliminate cocaine sentencing disparity" From the Kansas City Star, "Big changes coming in crack sentences" As informed readers know, Congress has only reduced the crack/powder disparity in the Fair Sentencing Act of 2010, it has not eliminated the disparity.  Also, in my view, it is not accurate to call what Congress has done will bring "big changes" to crack sentencing.  I see the FSA of 2010 as more of a tweak than a big change, and a lot of the long-term impact will depend on how the US Sentencing Commission makes corresponding changes in the crack guidelines...continue to full post

Full post as published by Sentencing Law and Policy on July 29, 2010 (boomark / email).

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